Legislation would require law enforcement to obtain a warrant

A federal appeals court in Atlanta is set to hear arguments in a Florida case over warrantless cellphone tracking.

News Herald file photo | Twitter: @The_News_Herald

By MATTHEW BEATON / The News Herald

Published: Tuesday, March 19, 2013 at 09:15 PM.

TALLAHASSEE— A House committee passed a bill Tuesday that would require a search warrant before law enforcement could look through a cellphone.

State Sen. Jeff Brandes, R-St. Petersburg, presented the bill (HB 797), which is identical to his companion legislation (SB 846) in the Senate. The bill would require a warrant before searching a cellphone and before tracking a person’s location using a cellphone, Brandes said.

“I just find it pretty creepy that we could have people out there under color of law tracking our cellphones and figuring out not only where we are, but what floor of the building we’re on, without some higher judicial level of scrutiny,” he told the House Criminal Justice Subcommittee.

Some committee members expressed concern the bill would conflict with a texting-while-driving ban bill that is moving through the Legislature. The argument was Brandes’ bill would make the texting ban more difficult to enforce.

Under Brandes’ bill, cellphones could be taken into evidence, but some committee members offered scenarios where the text messages would be deleted remotely or deleted because new messages would push out old ones.

But, Brandes was adamant law enforcement wouldn’t be able to hold a cellphone indefinitely, based on texting suspicion, while waiting for a warrant. He said that seems “out of whack” with privacy rights.

Brandes said the country has a warrant requirement when Americans have a “reasonable expectation of privacy.” He said he believes it applies to cellphones because of the personal information stored on these electronic devices.

TALLAHASSEE— A House committee passed a bill Tuesday that would require a search warrant before law enforcement could look through a cellphone.

State Sen. Jeff Brandes, R-St. Petersburg, presented the bill (HB 797), which is identical to his companion legislation (SB 846) in the Senate. The bill would require a warrant before searching a cellphone and before tracking a person’s location using a cellphone, Brandes said.

“I just find it pretty creepy that we could have people out there under color of law tracking our cellphones and figuring out not only where we are, but what floor of the building we’re on, without some higher judicial level of scrutiny,” he told the House Criminal Justice Subcommittee.

Some committee members expressed concern the bill would conflict with a texting-while-driving ban bill that is moving through the Legislature. The argument was Brandes’ bill would make the texting ban more difficult to enforce.

Under Brandes’ bill, cellphones could be taken into evidence, but some committee members offered scenarios where the text messages would be deleted remotely or deleted because new messages would push out old ones.

But, Brandes was adamant law enforcement wouldn’t be able to hold a cellphone indefinitely, based on texting suspicion, while waiting for a warrant. He said that seems “out of whack” with privacy rights.

Brandes said the country has a warrant requirement when Americans have a “reasonable expectation of privacy.” He said he believes it applies to cellphones because of the personal information stored on these electronic devices.

The bill saw some no votes at this, its first committee stop. It passed 9-4 with some vocal critics, who expressed concerned evidence would be lost. The Florida Sheriffs Association and Florida’s state attorneys also oppose the legislation.

The bill doesn’t specifically address procedures for law enforcement when seizing a phone while awaiting a warrant, said Tim Stanfield, representing Florida Police Chiefs Association, which also opposes the bill.

“They’ve established probable cause. They’re applying for a warrant. They just want to know: How can they take [the cellphone]; where can they put it?” Stanfield said.

Patronis supports

Though he doesn’t serve on the committee, state Rep. Jimmy Patronis, R-Panama City, said he supports the bill and would vote in favor of it if it came before him on the House floor. “It’s respectable policy,” he said.

Patronis said practically everyone has a cellphone today, and more and more people are transitioning from landlines to cellphones.

He drew a comparison between old and new technology.

“If I wanted to look at somebody’s landline phone logs, it would require a search warrant. I don’t see why this is any different,” he said.

But, Brandes couches the argument in even deeper terms.

“The question is: How far are we willing to let law enforcement go, the government go, in search of information? Can they go on fishing expeditions if they pull me over for a simple misdemeanor for driving on a suspended license?” he asked the committee.